In a non-precedential decision, the Trademark Trial and Appeal Board (“Board”) recently reversed a refusal to register Heritage Distilling Company’s application for the mark, BSB, for “distilled spirits” based on the following mark owned by Black Shirt Brewing Co. for “brewpub services; taproom services; taproom services featuring beer brewed on the premises”:

Although about half of the states have legalized medical marijuana, and the department of justice has declared it to be a low enforcement priority, marijuana is still a controlled substance under federal law, with criminal penalties for possession and sale.

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